The interesting fact pattern that gives rise to the problem in this case is what are the duties of a generic drug manufacturer if, after a drug’s initial federal approval (and approval (and then mandated use) of a specific warning label), new information comes to light about potentially harmful side effects? Can a claim be brought against the manufacturer under state law for failure to warn? Gloria Mensing took a medicine, MCP, a gene… Continue reading →
For more than five years, thousands of DWI convictions have been in limbo while defense attorneys and prosecutors argue whether the source code of alcohol breath test machines provide reliable results. With a history of fierce disagreement between the two sides, resembling the drama of a heavyweight boxing match, the litigation came to the Minnesota Supreme Court for what may be its last stop. On December 1, attorneys on behalf of a coalition… Continue reading →
Judge James M. Rosenbaum is known to occasionally wield the pen as a sword (or, in Minnesotan spirit and consistent with his metaphor of attorneys as remoras, as a fish gutting knife?). Judge Rosenbaum’s recent response to a request for attorneys’ fees in the UHG class action litigation cut deeply. He denied the request for an award of fees to lawyers who objected to the initial plaintiffs’ lawyers fee request (where the bonan… Continue reading →
This fight between T-Mobile and RPC Properties has gone up to the Minnesota Supreme Court, back down to the trial court, and back up to the Court of Appeals and it would seem the entire dispute might be about no damages or, at most, substantially less than $100,000. For those who think “fee-shifting” (that is, “loser” having to pay “winner’s” attorneys’ fees) results in less litigation, a cas… Continue reading →
Back in July, we reported on an unfortunate gamble (in retrospect) of a plaintiff who had the choice between a jury verdict reduced by the judge or a new trial. He went for a new trial and he got “zeroed,” a jury verdict of $0.00. But the Court awarded plaintiff $1.00, giving him a chance at an award of attorneys’ fees and costs. Today, however, plaintiff’s news went from bad to worse, as Judge Ericksen (D. Minn.) h… Continue reading →
…1(7). This statute was interpreted by the Minnesota Supreme Court in State v. Al-Naseer, 734 N.W.2d 679 (Minn. 2007), to require that the offender know that she either hit a person or a vehicle. At Senser’s trial, the attorneys focused solely on whether Senser knew she hit a person. However, it recently came out that the jurors found Senser guilty because they thought that she hit a vehicle but not a person. It’s early in the proce… Continue reading →
When ABC, Fox, CBS, CNN and the Associated Press have to scrape up money to vindicate our First Amendment rights by bringing a lawsuit against the state of Minnesota (related to election day exit polling), who will reimburse them? Us. The tax-payers of Minnesota. The law provides that they’re entitled to their attorneys’ fees for performing what is ultimately a public service, of course (vindicating constitutional rights for us al… Continue reading →
It is hardly news at this point that housing prices have fallen dramatically from their peak of a few years ago or that many homeowners have negative equity. The faltering economy and its effect on home values continue to have repercussions for families, often reopening disagreements that divorcing couples thought had been resolved years before and creating additional financial burdens. Jody and Douglas Nelson were divorced in 2001. The judgme… Continue reading →
…esota. State Disclaimers: Alabama: No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers. Colorado: Colorado does not certify attorneys as specialists in any field. Florida: The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qu… Continue reading →
Were you sold a flare root injection regimen for a treasured oak or multiple oaks on your property to prevent oak wilt disease, only to have your tree die from oak wilt notwithstanding the hundreds of dollars (or more) spent on flare root injection? One label on branded propiconazole says, “Preventive application is more effective than therapeutic treatment.” Some companies that “administer” the flare root injections d… Continue reading →
…n that would have negatively affected levofloxacin sales in both Europe and the United States. Over the past decade, there appears to have been increased concern about these medications and the communication of risk on their labels. The label warnings have been increasingly emphatic. Plaintiffs’ theories seem to be, in a nutshell, that the drug companies knew of the medicine’s risks and have steadfastly tried to understate or de-em… Continue reading →
…rm or illness? As a first line of defense, pharmaceuticals and device manufacturers seek protection under federal regulation but there are ways for such manufacturers to game that system (by promoting, for example, “off label” uses or, theoretically, by duping federal regulators by other means (i.e., concealing or distorting data as to efficacy or side effects)). So the FDA may afford medical companies some protection, but that protec… Continue reading →
